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                   58504 Points
                   Joined June 2010
                
               
			  
			  
             
            
             Hey Pankaj! ESOPs and ESPPs (Employee Stock Option Plans / Employee Stock Purchase Plans) can be a bit tricky, especially with cross-border aspects like selling shares in the US.
Here’s a quick rundown of the taxability of ESOP/ESPP in India and US:
In India:
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At the time of exercise (when shares are allotted):
 The difference between the fair market value (FMV) of shares on exercise date and the exercise price paid by the employee is considered a perquisite and taxed as salary income in India.
 
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At the time of sale of shares:
 Any gain over the FMV on exercise date (considered cost of acquisition) is treated as capital gains.
 
In the US:
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Usually, US taxes ESOP gains under employment income rules at exercise and capital gains at sale. 
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There may be Double Taxation Avoidance Agreement (DTAA) provisions between India and US. 
For your client who sold shares in US:
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You will need to check: 
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Where was the ESOP exercised? 
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Has tax been paid in India on perquisite value? 
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Capital gains taxation in India and US for sale proceeds? 
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Any credit available under DTAA for taxes paid in one country?